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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GE210131RO
Benjamin Barrison RENT ADMINISTRATOR'S
DOCKET NO.: FD210354S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 8, 1992, the above-named petitioner-owner filed a
petition for administrative review of an order issued on April 2,
1992, by the Rent Administrator, concerning the housing
accommodation known as 526 Second Street, Brooklyn, N.Y. Apt. A-5,
wherein the Administrator determined that a diminution of service
had occurred and reduced the rent to the level in effect prior to
the last rent guideline increase which commenced before the
effective date of the order. Based on an inspection held on March
11, 1992, the rent was reduced because of the following service
deficiencies:
1. Leaks and stains in the kitchen.
2. Paint and plaster apartment-wide.
3. Vermin control.
The Rent Administrator also directed restoration of all
services.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly
reduced the rent of the subject apartment.
On appeal, the petitioner-owner alleged that he never received
a copy of the tenant's complaint; that the tenant was denying
access to the subject apartment to effect repairs and that all
repairwork was completed.
The petition was served on the tenant on June 3, 1992. The
tenant answered the petition on June 25, 1992 alleging that access
was always provided whenever reasonable advance notice was given;
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that the complaint was served at the exact address shown on the
owner's Multiple Dwelling Registration filed with the Housing
Preservation and Development (HPD) Agency and that the repairs were
never made.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
"A tenant may apply to the DHCR for a reduction
of the legal regulated rent to the level in effect
prior to the most recent guidelines adjustment, and
the DHCR shall so reduce the rent for the period for
which it is found that the owner has failed to
maintain required services."
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The record demonstrates that a notice and Transmittal of
Tenant's Complaint was mailed to the owner on September 6, 1991 at
the owner's correct address but that the owner failed to submit an
answer below.
The Commissioner has considered the owner's claim on appeal
that the Rent Administrator mailed the tenant's complaint to an
incorrect owner address and rejects this argument.
The record demonstrates that the Rent Administrator mailed the
owner a copy of the tenant's complaint at the address registered by
the owner with HPD and further that, on September 6, 1991, the
complaint was re-served at a new address specified in the owner's
PAR as the correct address.
Since the scope of administrative review is limited to the
facts or evidence which were raised before the Rent Administrator,
the issues raised by the owner for the first time on administrative
appeal may not be considered.
Accordingly, the Commissioner finds that the Administrator
properly based his determination on the entire record, including
the results of the on-site inspection conducted in the subject
apartment.
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The Division's records indicate that the owner subsequently
applied for a restoration of rent which is pending under docket
number GI210018OR.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Administrator's order be, and the same hereby is,
affirmed.
The automatic stay of the retroactive rent abatement that
resulted by the filing of this petition is vacated upon issuance of
this order and opinion.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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